company : Terms of sale


  • Contracts made up by our agents, only commit us when confirmed.
  • We never accept the sales- or other conditions of our customers, unless we confirm them explicitly.
  • We do our outmost in order to respect the delivery terms, we can however never accept any penalty for delay or cancellation of the order.
  • The goods are dispatched on the risk of the buyer.
  • Complaints are to be formulated in writing and within 3 days after delivery.
  • In case SUPERIA-apparatus are installed in non-ventilated, humid or aggressive spaces, the customer should inform us, so we can give an extra corrosion-treatment against a supplementary cost. If we also deliver plugs and fittings , this is only to simplify our production process. These plugs and fittings are never subject to any guarantee. For guarantee: see general guarantee conditions. All invoices are payable 30 days end of the month, unless otherwise stipulated. Exchange rates are charged to the customer.
  • By lack of payment on the due date, we will calculate, by right and without declaring in default, the legal foreseen interest plus 2 % with the minimum of 12 % on the invoicing amount, as well as a fixed indemnity of 10 % on the invoicing amount with a minimum of 124 euro.
    In case an invoice remains unpaid on the due date, all invoices, even non-due invoices, are immediately to be claimed by right.
  • If the customer fails to honour his engagements, SUPERIA is entitled, by right and without declaring in default, to suspend the sale and all other orders, regardless all rights to indemnity and interests. A simply fax or recommended letter to notify will do.
  • Whenever the credibility of the customer is to be questioned by legal procedures taken against him, other non-paid documents or negative information, we are entitled to suspend, even in case of a partial delivery already sent off, all pending orders and to ask supplementary guarantees. In case these guarantees can not be given, we shall cancel all orders, regardless all indemnities and interests still to be claimed.

Retention of title

  • Until full payment has been received, the goods shall remain our property. Also will the risk in the goods and all liability to third parties in respect of this property title, pass to the buyer on delivery. In case the buyer has incorporated the goods into a new product, we reserve ourselves the legal and equitable title to the final product. The property of these goods shall also remain with us until complete payment has been received. The buyer may sell the goods in the normal course of his business, but on condition that the buyer in a fiduciary capacity as bailee of the goods, and for so long as he has not fully discharged his debt to us, shall hold and pursue claims for the proceeds of their sale equal to the price of the goods for and on behalf of us. The buyer shall fully pursue such claims and if necessary shall recover the sums due by legal process. The buyer shall if so required by us, allow us to conduct in the buyer's name legal proceedings in respect of the money due on the sale of the goods. Any sums recovered by us as a result of such proceedings, including sums accepted by us in settlement thereof whether or no equal to the sums claimed, shall be applied to the payment of the money due to us from the buyer and then to the reasonable costs incurred by us in the course of such proceedings. Any balance remaining shall be paid to the buyer. Prior to the sale of the goods, the buyer shall, so far as reasonably practicable, store the goods separately from similar goods of the buyer, mark the goods as our property and shall not remove, obliterate or in any manner alter any label, mark or other means we may have of identifying the goods.
  • The conditions of this contract shall not be modified in any way by the drawing or acceptance of a bill of exchange or other arrangements and will never lead to renovation of debt.
  • In case of disputes, only the court in Tongeren or courts in the jurisdiction at the buyer's domicile, to be chosen by us, are competent.